Posted By J Knight
Hi New Challenge,

The Unfair Contract Terms Act 197? states that a statutory duty (such as those in HASAWA 74) cannot be limited or negated by contract. Because of this employers cannot discard their duties under HASAWA. They CAN delegate the discharge of their duties, but they remain responsible for the consequences,

John

Posted By Ron Hunter
Perhapd Regina v Associated Octel is relevant to your enquiry (Google it - also try vicarious liability).

Posted By Phil Grace
Dear All,
We must be careful with terminology... we must clearly distinguish between legal responsibilities in the criminal and civil areas.

Criminal: Duties and responsibilities in this are can not be delegated. The law itself makes it clear who is responsible for doing what. As has been said the execution of the "duty" can be delegated but for H&S legislation ultimately it is the employer that is usually responsible.
Civil: Situation is entirely different... a claimant (for example an injured employee) has to prove that the employer caused the loss, was negligent in some way. The case rests on claimant being able to prove that the employer, for example was negligent. There is no scenario that would allow the defendant employer to say he had delegated the duty so it wasn't his fault. The only possible exception to that is if it is decided that the injured employee was partly to blame - in which case their damages might be reduced for what is called contributory negligence.
Vicarious Liability: This has nothing to do with delegating ones duty. It is all about the civil law concept of the duty of care - an employer is responsible for providing a safe place of work, safe means of access/egress and competent fellow employees. Thus if the act of one employee injures another the employer is vicariously liable for the act of the first employee. The injured employee simply sues the employer.
Phil

Posted By Russell Peacey
On the Civil side, Wilson & Clyde Coal Ltd and English establised that the employer owes a non-delegable Duty of care to his/her employees. Mcdermid v Nash Dredging showed that this duty extends to situations where employees are working under the control of a seperate employer.

For the criminal side google R v British Steel 1994 but contrast it with R v Nelson Group Services 1999. Both were proseutions under Section 3 of HASWA. Also read reg. 21 of the Management Regs.

Hope this helps.

Russ